• Journal of Arbitration Studies
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• v.25 no.4
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• pp.3-23
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• 2015

The Chevron saga including Chevron/TexPet v. Ecuador, PCA Case No. 34877(hereinafter referred to as "Chevron I") and Chevron/TexPet v. Ecuador, PCA Case No. 2009-23(hereinafter referred to as "Chevron II") started out of domestic litigations between TexPet and Ecuador in the early 1990s. In Chevron I, the Tribunal decided that Article 2(7) of the U.S.-Ecuador BIT on effective means of provision was breached because of undue delays in the seven legal proceedings TexPet had brought against Ecuador in respect to contractual obligations. In Chevron II, it was contended that through the actions and inactions of the judiciary and the executive, Ecuador breached her several obligations under the BIT. Ecuador objected to the jurisdiction of the Tribunal because TexPet's investment was terminated in 1992, and because Chevron is not a party to the 1995 Settlement Agreement and 1998 Final Release. In its Interim Award on Jurisdiction and Admissibility, the Tribunal applied a prima facie standard to the facts alleged by the Claimants but denied by the Respondent, and decided that questions in respect of the Respondent's jurisdictional objections should be joined to the merits under Article 21(4) of the UNCITRAL Arbitration Rules. In the merits phase of Chevron II, the Tribunal divided the merits of the Parties' dispute into two parts, entitled "Track 1" and "Track 2". In its Partial Award on Track 1, the Tribunal decided that Chevron is a "Releasee" under the 1995 Settlement Agreement. In a decision on "Track 1B", the Tribunal decided that the Lago Agrio complaint cannot be read as pleading "exclusively" or "only" diffuse claims, and that, to this extent, the Claimants' reliance on the 1995 Settlement Agreement as a complete bar to the Lago Agrio complaint must fail, as a matter of Ecuadorian law. The Tribunal maintained the position that the Parties' disputes on both merit and jurisdiction should be reserved for Track 2. It remains to be seen how the Tribunal addresses the Claimants' allegations of multiple denials of justice under international law against the judgments of the Respondent's Courts, together with the Respondent's jurisdictional objections in Track 2 of the arbitration.

• Journal of Arbitration Studies
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• v.25 no.4
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• pp.119-136
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• 2015

The contracting parties must be provided a litigation scheme in order to resolve a dispute. This means taking advantage of effective measures for mediation or arbitration. A lease transaction is likely to occur mainly after a dispute. It is necessary to take the appropriate measures in advance. In general, when a variety of contracts are created, conflicts arise and disputes have to be resolved through mediation and arbitration documents, and adjustment or intervention is called for. Arbitration system is a system that is established based on the trust of the arbitral tribunal. For such system, quality education for enhancing professionalism required of the arbitrator is important. A party responding to an arbitration agreement presents a problem. The current system must ensure that there are no disadvantaged parties. However, a party must depend on an arbitration agreement that is part of the law rescue system. A litigation support by the local Bar Association must be carried out. It should be notified of the contents of the contract to select a strategy that will best resolve the conflict. In the case of lease transactions, there is a need to create a scheme to make a standard agreement that inserts an arbitration clause. Lease sale and purchase agreement or lease agreement is a form of contract that has been frequently used. Here, the arbitration agreement clause for a lawyer that will serve as arbitrator should be inserted. It is a scheme that can be activated for individuals in poor areas. In addition, it is possible to see it taking a scheme to take advantage of the lawyer system for the future of the town. The Attorney System of a town is a system that the Korean Bar Association, Legal Department has put in place since 2013. If a real estate trade dispute occurs, the role of the intermediary attorney should be to carry out his duties efficiently. In the case of real estate transaction conflicts, the lawyer of the village should be registered as the arbitrator. It is important to establish a basis of regulations through this type of real estate transaction accident analysis. Before proceeding with various adjustment systems, it is desirable to expand the arbitration region. Now we need a realtor amendment. It is the part where fragmentation of intermediary qualification is required, along with the eligibility of a subdivision.

• Journal of the Korean Society of Surveying, Geodesy, Photogrammetry and Cartography
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• v.22 no.3
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• pp.225-232
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• 2004

The human history has progressed closely related to land. Mankind started land administration as a tool of governance to make land the object of imposing taxation as well as developing the land administration as a concept of securing property rights. People have drawn boundary lines on the ground to form a land parcel according to the usage and/or ownership. Furthermore, the land administration has been developed as a registering system of cadastral records fer the public announcement of fixed boundary instead of changeable ground boundary. Currently the citizens demand the provision of accurate and diverse information on the land which is assessed to has high property value encouraged by the rapid development in the post-industrial society today. However, even though the fact that the Korean cadastral registers produced during the Land Investigation Project are still practically in use causes land-related disputes and promotes public mistrust because of the changed boundaries by parcel mutation, the expansion and contraction of map sheets and the quality deterioration and damage of map paper, but the ultimate resolution is not yet made so far. The distance difference between boundary points are compared and analyzed using TS surveying method in the research as a methodology to resolve the boundary inconsistency, the current problem of cadastral records. Consequently, I'd say that the new surveying method of registering the coordinates of real ground boundary has been regarded as more efficient than considering the matter on the map regardless of urban or rural areas.

• Convergence Security Journal
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• v.11 no.5
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• pp.99-108
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• 2011

The purpose of this study is to profile actual conditions of personal information protection systems operated in overseas countries and examine major considerations of personal information that security service providers must know in the capacity of privacy information processor, so that it may contribute to preventing potential occurrence of any legal disputes in advance. Particularly, this study further seeks to describe fundamental idea and principle of said Personal Information Protection Act; enhancement of various safety measures (e.g. collection / use of privacy data, processing of sensitive information / personal ID information, and encryption of privacy information); restrictions on installation / operation of video data processing devices; and penal regulations as a means of countermeasure against leakage of personal information, while proposing possible solutions to cope with these matters. Using cases among foreign countries for this study. Possible solutions proposed by this study can be summed up as follows: By changing minds with sufficient legal reviews, it is required for security service providers to 1) clearly and further specify any purposes of collecting and using privacy information, if possible, 2) obtain any privacy information by legitimate means as it is necessary to collect such information, 3) stop providing any personal information for the 3rd parties or for any other purposes except fundamental purposes of using privacy information, and 4) have full knowledge about duty of safety measure in accordance with safe maintenance of privacy information and protect any personal information from unwanted or intentional leakage to others.

• Korean Journal of Construction Engineering and Management
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• v.15 no.2
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• pp.12-22
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• 2014

Recently, many people have been damaged seriously by construction noise. Accordingly, there have been increased the complaints and disputes. These complaints should be controlled strictly. Otherwise there could be delays or stops of project and losses of time and money. For this reasons, the Korean government is trying to convert from depending on the soundproof wall to noise control system focusing on noise sources. However, it is difficult to control the noise which is generated from construction site because construction equipment has very high noise level and construction noise generates temporarily and irregularly. Also, people do not know how much low frequency affect human body adversely because they cannot perceive low frequency noise easily. Hence, recently developed countries have conducted the research on the low frequency noise which damages on human physically and mentally. However, passive noise control is insufficient to reduce the low frequency noise, but only efficient to lower the high frequency noise. Thus, an approach which can complement limitations of passive noise control is needed. Therefore, the purpose of this research is to suggest the noise management model using active noise control on construction site. Also, ANC simulation has been conducted to examine its applicability on construction equipment. As a result, it is expected that there will be a reduction of construction noise and demages, as well as both mental and physical damages.

• Korean Journal of Construction Engineering and Management
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• v.15 no.3
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• pp.74-82
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• 2014

The proportion of apartment housing has been increased to solve the housing problems resulted from rapid growth in urban population and urban economy. With the increase in apartment's proportions and the concern about quality of housing, the contractors have made efforts to satisfy the customers in improving the quality of housing. Despite these efforts, the conflicts between the contractor and the customers are getting serious. Also the disputes and the litigation of defect are increasing because of the contractor's negative treatment and inadequate countermeasure. In this study the defect lawsuits which bring actions against the contractors are collected and analyzed. And then the strategic countermeasures are proposed according to the classifying the type of defect and size. The suggested countermeasure model before the defects are resulted is expected to contribute in developing the contractors strategies to reduce the conflicts against customers.

• Journal of the Economic Geographical Society of Korea
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• v.7 no.1
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• pp.65-81
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• 2004

Foreign direct investment (FDI) by firms has various motives in terms of the strategy for firms' long-term growth. This research uses the case study of Hyundai Motor Manufacturing Alabama to analyze the motives of the Korean auto industry's FDI in the U.S. and the locational factors that determined the selection of the site. This paper starts from the question of why Hyundai made the decision to invest in the U.S., which is not favorable in terms of production cost, especially considering that its exports to the U.S. have been on the increase. The results indicate that the strongest motive for the decision to invest in the U.S. was to ameliorate the trade friction between Korea and the U.S. Given that Hyundai depends on the U.S. market to a large extent for its exports, the foremost motive was to use local production in order to reduce the serious trade imbalance in the automobile sector between Korea and the U.S. in order that trade friction with the U.S. may be avoided and causes for trade disputes may be reduced. Other motives such as improving the access to local consumers were of secondary importance. After the selection of the country in which to invest, however, various factors were considered in the decision regarding the location of the plant, and incentives by local governments ultimately played a key role in this decision. The results imply that the Korean manufacturing industry's investment in the U.S. cannot be explained by traditional FDI theories and instead was greatly driven by a strategic defensive motive. In addition, the results confirm that the design of an appropriate incentive structure by host governments is important for attracting FDI.

• Journal of the Korean Institute of Landscape Architecture
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• v.40 no.1
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• pp.81-91
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• 2012

The purpose of this study was to analyze judicial precedents related on landscape construction defects(JPLCD) and suggested the improvement plan for dealing with it. The results are as the following: 1. Landscape construction defects litigations have been increased so far since 2000 and the duration of original trial was approximately 603 days, while appeal trials took up to 550 days. Therefore, the analysis revealed that settlement of disputes were lengthy and wasteful to consumers and constructors. 2. Judgement's cost accepted by the judge was only 53.6% of appraisal's cost appraised by appraiser, therefore it revealed appraiser overestimated the repair cost of landscape construction defects. 3. According to work classification categorized by Landscape Construction Standard Specification(2008) of the Korean Institute of Landscape Architecture, landscape planting amounted to 75% of JPLCD and plaintiff(consumers)'s prevailing rate of it reached 77% to be a serious burden to constructors. 4. According to JPLCD categorized by the type of dispute, defects caused by consumer's negligence for maintenance amounted to 29% and defendant(constructors)'s prevailing rate of it reached 64% to be the main responsibility of consumers. Further study will be required to make the judge standard of landscape construction defects through legal and technical research.

• Journal of the Korean Institute of Landscape Architecture
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• v.41 no.4
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• pp.77-84
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• 2013

With the increase in occurrence frequency and severity of natural disasters due to climate changes arising from global warming, damage in the landscaping field is rising. This leads to legal disputes, and is increasing social and economic damage, too. Especially even though landscape trees which are highly affected by external environments, suffer lots of damage from natural disasters, there is no specific scope of disaster criteria and thus it brings plenty of problems of damage restoration and compensation. Therefore, this study aims to suggest that gives ways to improve related criteria for damage of landscape trees from natural disasters. For this objective, this study analyzed damage cases of landscape trees and precedents, and compared Korean and Japanese legal systems and criteria regarding natural disasters with each other. The analysis result showed that opinions of experts have a great deal of influence on judgment results, since there is no definite legal basis on damage from natural disasters in the landscaping field. This implies the need for a professional and objective appraisal process. According to the comparative analysis of Korean and Japanese legal systems and criteria regarding natural disasters, Korea lacked in laws and criteria on natural disasters of landscape plants in Korea, whereas there were concrete disaster assessment standards of landscape trees in Japan. For improving natural disaster-related systems and criteria in the landscaping field, therefore, this study presented 'Revision of related laws', 'Revision of appraisal and loss assessment criteria', 'Revision of standard specification of landscaping project', 'Compulsory insuring against disasters', 'Reasonable fulfillment of contract', and 'Compulsory cost estimation for disaster restoration', as improvement plans.

• Journal of the Korean Institute of Landscape Architecture
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• v.48 no.4
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• pp.8-18
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• 2020

This study selected landscaping-related precedents among Supreme Court decisions to which the Basic Construction Industry Act and Civil Litigation Act were applied, and divided them by year, by sector type, and by litigation type according to the cause of the litigation, and examined time-series trends and the main characteristics of landscaping-related litigation. As a result of the analysis by year, it became apparent that litigation cases began to appear in earnest in 1977, similar to when landscape licenses were first issued. The types according to the cause of the litigation were analyzed by dividing them into 'planning', 'construction', and 'management'. Among them, 'planning' was the most frequently identified (409 cases). Various precedents were searched according to 'construction', and some of them were found to be due to unclear legal standards related to landscaping. In 'management', cases such as safety accidents and crimes were considered. The users, legal definitions, and purposes of the space served as the basis for judgments. As a result of analysis by case type, there were many administrative landscaping-related cases, and the proportion of criminal cases in the management type was the highest. The results of this study looked at precedents across the entire landscape industry, and it was significant that it provides basic data that could be used by the general public as that they were categorized by field. In the future, amendments to the law and various studies should be conducted to reduce and resolve disputes, and it is necessary to expand the publicity of precedents for this purpose.